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					                                                                               §§1-4, 6 -
                                                                               C.56:8-53.1 to
                                                                               56:8-53.5
                                                                               §5 - C.30:5B-15.1
                                                                               §6 - Note to §5
                                                                               §7 - Note to §§1-6

            P.L. 2007, CHAPTER 124, approved August 6, 2007
                     Senate, No. 265 (Second Reprint)



 1   AN ACT concerning child product safety and supplementing
 2     P.L.1960, c.39 (C.56:8-1 et seq.) and P.L.1983, c.492 (C.30:5B-1
 3     et seq.).
 4
 5      BE IT ENACTED by the Senate and General Assembly of the State
 6   of New Jersey:
 7
 8        1. As used in this act:
          2
 9          “Child” means a person less than 14 years of age. 2
10        "Children's product" means a product, including, but not limited
11   to, a full-size crib, non-full-size crib, toddler bed, bed, car seat,
12   chair, high chair, booster chair, hook-on chair, bath seat, gate or
13   other enclosure for confining a child, play yard, stationary activity
14   center, carrier, stroller, walker, swing, or toy or play equipment,
15   that meets the following criteria:
16        a. the product is designed or intended for the care of, or use by,
     1
17     [children under six years of age, or is designed or intended for the
18   care of, or use by, both children under six years of age and children
19   six years of age or older] a child1 ; or
20        b. the product is designed or intended to come into contact with
     1
21     [the] a1 child while the product is used.
22        Notwithstanding any other provision of this section to the
23   contrary, a product is not a "children's product" for the purposes of
24   this act if it may be used by or for the care of a child 1[under six
25   years of age]1, but it is designed or intended for use by the general
26   population or segments of the general population and not solely or
27   primarily for use by or for the care of a child, or it is a balloon,
28   medication, drug, or food or is intended to be ingested.
29        "Commercial user" means any person who deals in children's
30   products or who otherwise by one's occupation holds oneself out as
31   having knowledge or skill peculiar to children's products, or any
32   person who is in the business of remanufacturing, retrofitting,
33   selling, leasing, subletting, or otherwise placing in the stream of
34   commerce children's products.
          1
35          ["Infant" means any person less than 35 inches tall and less than
36   three years of age.]1
37        "Crib" means a bed or containment designed to accommodate an
38   infant.
       EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
     not enacted and is intended to be omitted in the law.

       Matter underlined thus is new matter.
       Matter enclosed in superscript numerals has been adopted as follows:
       1
         Senate SCM committee amendments adopted January 30, 2006.
       2
         Assembly ACO committee amendments adopted November 9, 2006.
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                                       2

 1      "Full-size crib" means a full-size crib as defined in Sections
 2   1508.1 and 1508.3 of 1[Title] title1 16 1[of the] ,1 Code of Federal
 3   Regulations regarding the requirements for full-size cribs.
        2 1
 4       [ "Infant" means any person less than 35 inches tall and less
 5   than three years of age. 1]2
 6      "Non-full-size crib" means a non-full-size crib as defined in
 7   Section 1509.2 of 1[Title] title1 16 1[of the] ,1 Code of Federal
 8   Regulations regarding the requirements of non-full-sized cribs.
 9      "Place in the stream of commerce" means to sell, offer for sale,
10   give away, offer to give away, or allow the use of.
11
12      2. a. It shall be an unlawful practice for any commercial user
13   to knowingly remanufacture, retrofit, sell, contract to sell or resell,
14   lease, sublet, or otherwise place in the stream of commerce a
15   children's product deemed unsafe in accordance with this section.
16      b. A children's product is deemed to be unsafe for purposes of
17   this section if it meets any of the following criteria:
18      (1) 1[It does not conform to all federal laws and regulations
19   setting forth standards for the children's product; or
20      (2) It] it1 has been recalled for any reason by a federal agency or
21   the product's manufacturer, distributor, or importer and the recall
22   has not been rescinded; or
        1
23        [(3) A] (2) a1 federal agency has issued a warning that a
24   specific product's intended use constitutes a safety hazard and the
25   warning has not been rescinded.
        1
26        [c. In addition to the criteria established pursuant to subsection
27   b. of this section, a crib is deemed unsafe for the purposes of this
28   section if it does not conform to the standards endorsed or
29   established by the federal Consumer Product Safety Commission,
30   including, but not limited to, Title 16 of the Code of Federal
31   Regulations and ASTM International, as follows:
32      (1) Part 1508 of Title 16 of the Code of Federal Regulations and
33   any regulations adopted to amend or supplement the regulations;
34      (2) Part 1509 of Title 16 of the Code of Federal Regulations and
35   any regulations adopted to amend or supplement the regulations;
36      (3) Part 1303 of Title 16 of the Code of Federal Regulations and
37   any regulations adopted to amend or supplement the regulations;
38   and
39      (4) The following standards and specifications of ASTM
40   International for corner posts of baby cribs and structural integrity
41   of baby cribs:
42      (a) ASTM F 966 (corner post standard);
43      (b) ASTM F 1169 (structural integrity of full-size baby cribs);
44      (c) ASTM F 1822 (non-full-size cribs); and
45      (d) ASTM F 406 (non-full size baby cribs/play yards).]1
46
                                    S265 [2R]
                                        3

 1      3. a. The Division of Consumer Affairs in the Department of
 2   Law and Public Safety shall:
 3      (1) create, maintain, and update a comprehensive list of
 4   children's products that have been identified as meeting any of the
 5   criteria set forth in section 2 of P.L.     , c. (C.          ) (pending
 6   before the Legislature as this bill); and
 7      (2) make the comprehensive list available to the public at no
 8   cost, including, but not limited to, posting the list on the Internet.
 9      b. The Division of Consumer Affairs shall not be liable for any
10   civil damages as a result of any acts or omissions undertaken in
11   good faith in the creation, maintenance or updating of the list of
12   children's products in accordance with subsection a. of this section.
13
14      4. A children's product deemed unsafe in accordance with 1[this
15   act] P.L. , c. (C.           ) (pending before the Legislature as this
          1
16   bill) as a result of a recall or warning issued by a federal agency,
17   may be retrofitted by the manufacturer if the retrofit has been
18   approved by the federal agency issuing the recall or warning or
19   another federal agency with the authority to approve the retrofit. A
20   retrofitted children's product may be placed in the stream of
21   commerce 1[if it is accompanied at the time of delivery by a notice
22   stating that the retrofit has been approved by the federal agency
23   issuing the recall or warning or another federal agency with the
24   authority to approve the retrofit]1. 1[The] A1 commercial user is
25   responsible for maintaining a record of any notice provided by the
26   manufacturer 1concerning a retrofitted children’s product 1 stating
27   that the retrofit has been approved by the federal agency issuing the
28   recall or warning or another federal agency with the authority to
29   approve the retrofit. 1[The commercial user is required to make the
30   notice available to customers upon purchase of the retrofitted
31   children's product.]1
32
33       5. a. A child care 1[facility] center1 licensed pursuant to
34   P.L.1983 1[.] ,1 c.492 (C.30:5B-1 et seq.) may not use or have on its
35   premises a children's product deemed unsafe in accordance with
36   section 2 of P.L.      , c. (C.        ) (pending before the Legislature
37   as this bill). This subsection does not apply to an antique or
38   collectible children's product if it is not used by, or accessible to,
39   any child in the child care 1[facility] center1.
40       b. The 1[Division of Youth and Family Services in the]1
41   Department of 2[Human Services] Children and Families2 shall
     1
42     [notify child care facilities of the provisions of this section and of]
43   make the list created by the Division of Consumer Affairs regarding
44   unsafe1 children's products 1[deemed unsafe in accordance with]
45   pursuant to 1 section 1[2] 31 of P.L. , c. (C.         ) (pending before
                                      1
46   the Legislature as this bill), [in plain, non-technical language that
                                    S265 [2R]
                                        4

 1   will enable each] available to 1 child care 1[facility to] centers by
 2   posting the list on the department’s website or providing electronic
 3   access to the list through its website to the list’s posting on the
 4   Internet by the Division of Consumer Affairs, so that child care
 5   centers may more 1 effectively inspect children's products and
 6   identify unsafe children's products.
 7        c. (1) The 1[division] department1 shall prepare a certification
 8   form and require each 1[facility] center1 to complete the certification
 9   form 1[in] during1 the process of licensing, renewal, or periodic
     1
10     [update] updating1.
11        (2) The 1[division] department 1 shall retain the certification form
12   completed by each 1[facility] center1 in each respective 1[facility’s]
13   center’s1 licensing file.
          1 1
14          d. Each child care 1[facility] center1 shall:
15        (1) as part of the licensing, licensing renewal, or periodic
16   inspection process conducted by the 1[Division of Youth and Family
17   Services] department 1, certify in writing that it has reviewed the list
18   created by the Division of Consumer Affairs 1[in the Department of
19   Law and Public Safety]1 regarding unsafe children's products
20   pursuant to section 3 of P.L. , c. (C.               ) (pending before the
                                 1 1
21   Legislature as this bill) , and that there are no unsafe products in
22   the 1[facility] center1; and
23        (2) 1[maintain] review1 the list 1[in its licensing file]
24   periodically1 and make the list accessible to the 1[facility] center1
25   staff members and to parents of the children who attend the
     1
26     [facility] center1.
          1
27          [d.] e.1   The 1[Division of Youth and Family Services]
28   department1 may revoke or refuse to renew the license of any child
29   care 1[facility] center,1 or refuse to issue a license to a 1[facility]
30   center,1 should the 1[facility] center1 not comply with any section of
31   P.L. , c. C.            ) (pending before the Legislature as this bill).
32
33      6. a. Pursuant to the "Administrative Procedure Act," P.L.1968,
34   c.410 (C.52:14B-1 et seq.), the Director of the Division of
35   Consumer Affairs in the Department of Law and Public Safety, may
36   adopt rules and regulations to effectuate the purposes of sections 1
37   through 4 of this act.
38      b. Pursuant to the "Administrative Procedure Act," P.L.1968,
39   c.410 (C.52:14B-1 et seq.), the Commissioner of 2[Human Services]
40   Children and Families 2 shall adopt rules and regulations to
41   effectuate the purposes of section 5 of this bill.
42
43      7. This act shall take effect on the 2[180th] first2 day 2of the
44   seventh month2 after enactment.
45
46
                              S265 [2R]
                                  5

1   Concerns sale or lease of unsafe or recalled children’s products.

				
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